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5 Aug 2011, 4:56 am by Sean Wajert
Thus, the court concluded, each of plaintiffs’ claims failed to state a claim under Rule 12(b)(6), to satisfy Rule 9(b) heightened pleading requirements, and/or pleading standards under Twombly/Iqbal. [read post]
3 Aug 2011, 7:57 pm by Carolyn E. Wright
Pursuant to Rule 13 of the Federal Rules of Civil Procedure, certain counterclaims must be asserted in a lawsuit: A pleading must state as a counterclaim any claim that — at the time of its service — the pleader has against an opposing party if the claim: (A) arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim; and (B) does not require adding another party over whom the court cannot acquire jurisdiction. [read post]
2 Aug 2011, 3:18 am by Maxwell Kennerly
Assuming a whale starts with cases that are solid enough — trust me, genuine mesothelioma cases are quite solid on liability and damages — then, as an economic matter, the whale has two ways to increase their revenue and profitability. [read post]
1 Aug 2011, 10:12 am
As a corporate and regulatory attorney who has also handled litigation matters, Mr. [read post]
1 Aug 2011, 6:17 am by Sean Wajert
Crane Corp., 267 Mont. 368, 379-80, 884 P.2d 455, 461-62 (1994). [read post]
31 Jul 2011, 3:27 pm by Michael O'Hear
As a matter of statutory interpretation, it is hard to quibble with the holding that SVPs now bear the burden of proof. [read post]
28 Jul 2011, 11:27 am by Kristina Araya
  The trial court admitted this testimony under MRE 404(b) “to show defendant’s intent and to show that defendant acted according to a common plan, scheme or system. [read post]
27 Jul 2011, 7:53 pm by The Legal Blog
It noted that the decision in Baljit Singh was based on concession made in light of an earlier decision of this Court in South Asia Industries (P) Ltd. v. [read post]
27 Jul 2011, 2:12 pm by Kristina Araya
  The Court affirmed defendant’s conviction for first-degree criminal sexual conduct under MCL 750.520b(1)(b)(ii), finding that the defendant was related by blood to the victim as a matter of law. [read post]
26 Jul 2011, 9:15 am by lawmrh
At the time of the Civil War, Senator and later governor and jurist Salmon P. [read post]
26 Jul 2011, 1:13 am by Andrew Lavoott Bluestone
Law firm is retained by A and knows that A and B have a contractural relationship. [read post]